Rajesh Majhi v. Union Of India And ORS.

25.06.2024 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 19746 of 2022 Rajesh Majhi Vs.

Union of India & Ors.

Ms. Sudipa Mandi ...for the petitioner Ms. Juin Dutta Chakraborty ...for the NHAI Mr. Chandi Charan De ...for the State The grievance of the petitioner is directed against non-payment of compensation in respect of proceedings initiated under the National Highways Act, 1956. It is submitted on behalf of the petitioner that the land of the petitioner has been acquired by the National Highways Authority and petitioner prays for compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

On behalf of the State Authorities it is submitted that the subject premises had been acquired as far back as on December 07, 2015 in respect of proceedings initiated under the National Highways Act, 1956 and compensation has been

awarded under Section 3(G) of the National Highways Act, 1956.

In view of alternative efficacious remedy available to the petitioner under the above Act, this writ petition is not maintainable.

In view of the above, W.P.A. No. 19746 of 2022 stands dismissed.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities.

(Ravi Krishan Kapur, J.)